Samdach Akak Moha Sena Padey Techo Hun
Sen (Prime Minister of the Kingdom of Cambodia), H.E. Sar Kheng (Deputy
Minister, Minister of Interior), H.E. Kep Chuktima (Governor of Phnom
Penh Municipality), Lokchumteav Ing Kuntha Phavy (President of Cambodian
National Council for Women (CNCW), Minister of Women Affairs)
Dear Samdach Akak Moha Sena
Padey Techo Hun Sen, Prime Minister of Cambodia, H.E. Sar Kheng,
Minister of Interior, H.E. Kep Chuktima, Governor of the Phnom Penh
Municipality, and Lokchumteav Ing Kuntha Phavy, Minister of Women
Affairs,
I am William Nicholas Gomes,
Human Rights Ambassador for Salem-News.com.
I am expressing my deepest concern along
with Cambodian and International Civil Society Members,I call for the
dismissal of Phnom Penh Deputy Police Chief Phuong Malay based on his
unacceptable, facetious and offensive reaction to the lawsuit taken
against him for his alleged role in the miscarriage of a female
protester who was kicked in the stomach by a member of his police force.
On 27 June 2012, the pregnant
woman, Bov Srey Sras, had joined a group of supporters in attempting to
march to the Court of Appeal where the BoeungKak 13, amongst them her
sister, were having their case heard. Despite the supporters acting
within their rights, a violent clash with police took place. Not only
was Bov Srey Sras brutally mistreated by officers in this clash, causing
her to lose her baby, but when she announced that she was suing the
three men she believes responsible, amongst them Phuong Malay, the
Deputy Police Chief publicly insulted and degraded her. In yesterday’s
edition of The Phnom Penh Post newspaper (01 August), Malay is quoted as
follows:
“Is the victim old or young, and does she
sue me to return her kid? I want to tell her that if she wants to get
back her kid, I am also young.”
I would like to inform the Prime
Minister, H.E. Sar Kheng, H.E. Kep Chuktima, and Lokchumteav Ing Kuntha
Phavy whose Ministry oversees law enforcement, that Cambodia is a party
to the United Nations (“UN”) Convention for the Elimination of
Discrimination Against Women (“CEDAW”), which requires the State to take
measures to suppress all forms of gender discrimination. Article 31 of
the Constitution of the Kingdom of Cambodia (the “Constitution”)
incorporates CEDAW into Cambodian law, by obliging the Royal Government
of Cambodia (the “RGC”) to recognize international human rights
provisions. Article 26 of the Constitution stipulates that once a human
rights treaty is ratified, it will automatically become Cambodian law.
Article 31 also demands the equality of all Cambodian citizens,
regardless of race, colour, religion, political beliefs, class or
gender, and Article 150 requires state institutions to directly conform
to constitutional provisions.
The function of law enforcement
in a democracy is providing a service to civilians. The UN Code of
Conduct for Law Enforcement Officials (1979), which was adopted to apply
to the Cambodian police forces, requires that, “in the performance of
their duty, law enforcement officials shall respect and protect human
dignity and maintain and uphold the human rights of all persons.” It is
the role of the police to serve the community and to protect all persons
against illegal acts. The Cambodian police authorities have a legal and
ethical responsibility to the people of the nation, to uphold their
human rights and their dignity.
If Deputy Police Chief Phuong
Malay believes it is acceptable to make such offensive and
discriminatory remarks, he is clearly incapable of the high degree of
responsibility required by his profession. As Deputy Chief it is also
important that he is not permitted to set such a deplorable example to
his subordinates. We, the undersigned Civil Society groups, therefore
call for the immediate dismissal of Phuong Malay from his position and
for an assurance from the RGC that Cambodian police will in future be
properly trained and equipped with the skills and the knowledge to
respect and protect the human rights and human dignity of all Cambodian
citizens.
AUTHOR: William Nicholas
Gomes
URL:
www.williamgomes.org
E-MAIL:
williamgomes.org [at] gmail.com
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